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Showing posts with the label art 267

Trade marks - Sky v Skykick, The Final Chapter

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Jane Lambert Chancery Division (Lord Justice Arnold)  Sky Plc and others v Skykick UK Ltd and another [2020] EWHC 990 (Ch) (29 April 2020) On 23 May 2016 Sky PLC and its subsidiaries Sky AG and Sky UK Ltd. ("Sky") issued proceedings against Skykick UK Ltd and Skykick Inc.("Skykick") for infringement of their EU and UK trade marks and passing off.  Skykick denied infringement and passing off and counterclaimed for declarations that the trade marks were wholly or partially invalid on the grounds that the specified goods and services were unclear and imprecise and the applications for those trade marks had been made in bad faith. The Proceedings The action and counterclaim came on for trial before Mr Justice Arnold as he then was.  In   Sky Plc and others v Skykick UK Ltd and another   [2018] EWHC 155 (Ch), [2018] ETMR 23, [2018] RPC 5 the learned judge dismissed the claim for passing off but took the view that the trade marks would be in...

Supplemental Protection Certificates - Eli Lilly and Co. v Genentch Inc

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Court of Justice of the European Union Autho r Cedric Puisney Licence CC NY 2.0   Wikipedia Jane Lambert Patents Court (Mr Justice Arnold)  Eli Lilly And Company v Genentech, Inc  No. 2 [2019] EWHC 388 (Pat) (1 March 2019)   One of the issues before Mr Justice Arnold when he tried Eli Lilly and Company and others v Genentech, Inc [2019] EWHC 387 (Pat) (1 March 2019) was whether Genentech was entitled to a supplemental protection certificate ("SPC"). A guidance note from the IPO published on 16 May 2014 and last updated on 27 June 2019 describes an SPC as a "form of IP that extends the protection of patented active ingredients present in pharmaceutical or plant protection products." The policy behind SPCs is as follows: "Pharmaceutical or plant protection products need regulatory approval to be sold in the UK and must obtain: a marketing authorisation or product licence If your patent protects the active ingredients used in t...